H 91 — An act relating to the Vermont Homeless Emergency Assistance and Responsive Transition to Housing Program

3.

REPEAL;

EMERGENCY TEMPORARY SHELTER PROGRAM ADVISORY COMMITTEE 33 V.S.A.

§ 2209 (Emergency Temporary Shelter Program Advisory Committee) is repealed on July 1, 2029.

Sec.

4.

33 V.S.A.

chapter 22 is amended to read:

CHAPTER 22.

EMERGENCY TEMPORARY SHELTER PROGRAM § 2201.

DEFINITIONS As used in this chapter:

(1) “Commissioner” means the Commissioner for Children and Families.

(2) “Community-based shelter” means a shelter that meets the Vermont Housing Opportunity Grant Program’s Standards of Provision of Assistance.

(3) “Department” means the Department for Children and Families.

(4) “Household” means an individual and any dependents for whom the individual is legally responsible and who live in Vermont.

“Household” BILL AS PASSED BY THE HOUSE H.91 Page 5 of 39 includes individuals who reside together as one economic unit, including those who are married, parties to a civil union, or unmarried.

(5) “Statewide vacancy rate” means the Vermont-specific rental vacancy rate as reported by the U.S.

Census Bureau.

§ 2202.

ESTABLISHMENT;

EMERGENCY TEMPORARY SHELTER PROGRAM (a) The Emergency Temporary Shelter Program is established within the Department for Children and Families for the purpose of temporarily sheltering households pursuant to the eligibility criteria in section 2203 of this chapter in a manner that ensures participant dignity and leads to greater stability.

(b) Permissible shelter provided through this Program shall:

(1) include:

(A) community-based shelter provided by housing and shelter operators, including community-based shelters for designated populations;

and (B) hotel and motel rooms only after the Department has exhausted other means of providing community-based shelter;

and (2) limit relocation between community-based shelter sites.

(c)(1) If there is inadequate community-based shelter space available for a household within the Agency of Human Services district in which the household presents itself, the household shall be provided shelter in a hotel or BILL AS PASSED BY THE HOUSE H.91 Page 6 of 39 motel within the district, if available, until adequate community-based shelter space becomes available in the district.

(2) Annually, the Department shall propose hotel and motel rates through the budget process for consideration and approval by the General Assembly.

If the Department determines that a contractual agreement with a hotel or motel operator to secure temporary emergency shelter capacity is beneficial to improve the quality, cleanliness, or access to services for those households temporarily sheltered in the facility, the Department shall be authorized to enter into such an agreement in accordance with the per-room rate established by the General Assembly;

provided, however, that in no event shall such an agreement cause a household to become unhoused.

The Department may include provisions to address access to services or related needs within the contractual agreement.

(3) The use of hotel and motel rooms shall be contingent on a participating hotel or motel complying with the public accommodation act pursuant to 9 V.S.A.

chapter 139, holding a lodging license issued by the Vermont Department of Health, and complying with the Licensed Lodging Establishment Rule and the Vermont Fire and Building Safety Code.

The Department may withhold full or partial payment to any hotel or motel operator who violates any law or rule or whose lodging license is suspended, revoked, expired, or otherwise invalid.

Specifically, the Department may BILL AS PASSED BY THE HOUSE H.91 Page 7 of 39 withhold full or partial payment to hotel or motel operators to whom the Department of Health has issued a conditional license, abatement order, warning letter, or other notice of violation.

Likewise, the Department may withhold full or partial payment to hotel or motel operators who have received notices from other State agencies that indicate that the hotel or motel operator has violated a law or rule.

Once the Department is satisfied that the hotel or motel operator is complying with the law and any corresponding rules, the Department shall begin or resume payments at the contracted rate for lodging once the violation ended.

The Department may provide all, some, or none of the payments withheld based on the nature and extent of the legal violations and the effects of those violations on Emergency Temporary Shelter Program households.

§ 2203.

HOUSEHOLD ELIGIBILITY To be eligible for the Program established in this chapter, a household shall attest to lack of a fixed, regular, and adequate nighttime residence and have a member who:

(1) is 60 years of age or older;

(2) has a disability that can be documented by:

(A) written verification of the disability from a professional licensed by the State to diagnose and treat the disability and certification that the BILL AS PASSED BY THE HOUSE H.91 Page 8 of 39 disability is expected to be long-continuing or of indefinite duration and substantially impedes the individual’s ability to live independently;

(B) written verification from the Social Security Administration;

(C) receipt of a disability check;

(D) intake staff-recorded observation of a disability that, not later than 45 days after the application for assistance, is confirmed and accompanied by evidence of this;

or (E) other documentation approved by either the Department or the U.S.

Department of Housing and Urban Development;

(3) is experiencing a serious short-term medical condition or has been discharged from a health care facility where the individual was being treated for a serious short-term medical condition within the last 30 days;

(4) is a child under 19 years of age;

(5) is in the third trimester of pregnancy or is experiencing an at-risk pregnancy;

(6) has experienced the death of a spouse or domestic partner within the last 30 days;

(7) has experienced a natural disaster, such as a flood, fire, or hurricane, within the last 30 days;

(8) is under a court-ordered eviction or constructive eviction due to circumstances over which the household has no control;

or BILL AS PASSED BY THE HOUSE H.91 Page 9 of 39 (9) is experiencing domestic violence, dating violence, sexual assault, stalking, human trafficking, hate violence, or other dangerous or life- threatening conditions that relate to violence against the individual or a household member.

§ 2204.

MAXIMUM DAYS OF ELIGIBILITY (a) The maximum number of days that a household receives shelter in a hotel or motel under this Program, per 12-month period, shall be determined by the statewide vacancy rate.

If the statewide vacancy rate is:

(1) less than five percent at the household’s time of application, the household shall receive a maximum of 90 sheltered days under this Program per 12-month period;

or (2) is equal to or greater than five percent at the household’s time of application, the household shall receive a maximum of 45 sheltered days under this Program per 12-month period.

(b) No periods of ineligibility shall be imposed on the use of a household’s maximum permitted sheltered days.

§ 2205.

HOUSEHOLD PARTICIPATION Unless the head of the household has a disability as evidenced by subdivision 2203(2) of this chapter that prevents the head of household’s ability to participate in coordinated entry and case management processes, a participating household sheltered pursuant to this chapter shall participate in BILL AS PASSED BY THE HOUSE H.91 Page 10 of 39 coordinated entry and case management processes if temporary emergency shelter in excess of 14 days is required, including cooperating with the Department and service providers on screening and care planning.

§ 2206.

APPLICATION;

NOTICE;

APPEALS (a) All program applications and notices shall use plain language.

(b) The Department shall provide written notice, and notice in the household’s preferred form of communication, of appeal rights related to departmental decisions made in the course of administering the Program established in this chapter, including appeal rights related to the denial of an initial application.

(c) A household sheltered in accordance with this Program may continue to remain sheltered while the appeal is pending until the household’s maximum sheltered days for the current 12-month period have expired.

§ 2207.

MONTHLY REPORTING Monthly, the Department shall post the following on its website:

(1) the annual total and average monthly number of households participating in the Program by household size, by eligibility category, and by each Agency of Human Services district;

(2) the number of alternative housing placements made during the previous reporting period compared with the targeted number of placements for that period;

BILL AS PASSED BY THE HOUSE H.91 Page 11 of 39 (3) of the households successfully placed in alternative housing during the previous month, the number of households whose screening indicated a potential need for services from each department within the Agency of Human Services;

(4) the number of beds available for emergency housing in each Agency of Human Services district in the State, with separate reporting on the number of beds available in nursing homes and residential care homes for individuals whose screening indicates they could meet the clinical criteria for those settings and the number of emergency beds available for individuals whose screening indicates they do not meet the clinical criteria, including low-barrier shelters, beds for youth, and beds for individuals who have experienced domestic violence;

(5) the number of households that have been successfully transitioned to an alternative housing placement since the previous report was issued and the types of housing settings in which they have been placed;

(6) the outlook for transitioning additional households to alternative housing placements in the coming months, including an estimate of the number of households likely to be placed per month;

(7) the number of and demographic information for households obtaining shelter due to adverse weather conditions pursuant to section 2208 of this chapter;

and BILL AS PASSED BY THE HOUSE H.91 Page 12 of 39 (8) the total amount of funds expended during the most recent quarter on housing placements and supportive services for households transitioning from the Program established in this chapter.

§ 2208.

WINTER SHELTER To the extent funding and capacity exists and notwithstanding any provisions of this chapter to the contrary, the Department shall provide shelter to households lacking a fixed, regular, adequate, nighttime residence between November 15 and April 15.

If there is inadequate community-based shelter space available within the Agency of Human Services district in which the household presents itself, the household shall be provided shelter in a hotel or motel within the district, if available, until adequate community-based shelter space becomes available in the district.

Shelter in a hotel or motel provided pursuant to this section shall not count toward the maximum days of eligibility per 12-month period provided in section 2204 of this chapter.

* * * Sec.

5.

RULEMAKING;

EMERGENCY TEMPORARY SHELTER PROGRAM On or before February 15, 2026, the Department for Children and Families shall file an initial permanent proposed rule with the Secretary of State pursuant to 3 V.S.A.

§ 836(a)(2) for the administration of the Emergency Temporary Shelter Program established pursuant to 33 V.S.A.

chapter 22.

BILL AS PASSED BY THE HOUSE H.91 Page 13 of 39 Prior to the adoption of the permanent rule, the Department shall file an emergency rule, which shall be deemed to have met the emergency rulemaking standard in 3 V.S.A.

§ 844(a), to enable the operation of the Emergency Temporary Shelter Program beginning on July 1, 2026.

* * * Sunset of General Assistance Emergency Housing Program * * * Sec.

6.

33 V.S.A.

§ 2115 is amended to read:

§ 2115.

GENERAL ASSISTANCE PROGRAM REPORT On or before September 1 of each year, the Commissioner for Children and Families shall submit a written report to the Joint Fiscal Committee;

the House Committees on Appropriations, on General, Housing, and Military Affairs, and on Human Services;

and the Senate Committees on Appropriations and on Health and Welfare.

The report shall contain the following:

(1) an evaluation of the General Assistance program during the previous fiscal year;

(2) any recommendations for changes to the program;

(3) a plan for continued implementation of the program;

(4) statewide statistics using deidentified data related to the use of emergency housing vouchers during the preceding State fiscal year, including demographic information, client data, shelter and motel usage rates, clients’ primary stated cause of homelessness, and average lengths of stay in emergency housing by demographic group and by type of housing;

and BILL AS PASSED BY THE HOUSE H.91 Page 14 of 39 (5) other information the Commissioner deems appropriate.

[Repealed.] Sec.

7.

SUNSET;

GENERAL ASSISTANCE EMERGENCY HOUSING PROGRAM The General Assistance Emergency Housing Program shall cease to exist on July 1, 2026 and all related rules shall become ineffective on that date, including those portions of Department for Children and Families, General Assistance (CVR 13-170-260) as amended by the Department for Children and Families under Secretary of State rule filing number 24-P42 and any future rule adopted by the Department pertaining to emergency housing.

* * * Effective Dates * * * Sec.

8.

EFFECTIVE DATES This section, Sec.

1 (legislative intent), and Sec.

2 (Emergency Temporary Shelter Program Advisory Committee) shall take effect on passage, and all remaining sections shall take effect on July 1, 2026.

Department of Housing and Urban Development’s 2024 Annual Homelessness Assessment Report, Vermont had the fourth highest rate of homelessness in 2024 in that 53 of every 10,000 BILL AS PASSED BY THE HOUSE H.91 Page 15 of 39 Vermonters are experiencing homelessness, with only Hawaii, New York, and Oregon experiencing higher rates;

(4) of the 3,458 unhoused individuals in Vermont identified by the Vermont 2024 Point-in-Time Count, 166 experienced unsheltered VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 2 of 26 homelessness, which is the highest count of unsheltered homeless individuals in Vermont within the past decade;

BILL AS PASSED BY THE HOUSE H.91 Page 16 of 39 (8) the 2024 Vermont Housing Needs Assessment notes that 36,000 primary homes are needed in Vermont between 2025–2029, 3,295 of which are needed to address homelessness;

and (9) the 2024 Vermont Housing Needs Assessment notes that “[h]alf of all Vermont renters are cost-burdened, and one-in-four pay more than 50 [percent] of their income on housing costs, putting them at high risk of eviction,” which “is heightened by Vermont’s rental vacancy rate of 3 [percent], which is well below the 5 [percent] rate of a healthy market.” VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 3 of 26 Sec.

BILL AS PASSED BY THE HOUSE H.91 Page 17 of 39 (3) community components of all shelter types are integrated in a systemic manner;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 4 of 26 (c) It is the intent of the General Assembly that the Vermont Homeless Emergency Assistance and Responsive Transition to Housing Program established in 33 V.S.A.

VERMONT HOMELESS EMERGENCY ASSISTANCE AND RESPONSIVE TRANSITION TO HOUSING PROGRAM §§ 2201. 2201.

SHORT TITLE The Program established in this chapter may be cited as “VHEARTH” or the “VHEARTH Program.” §BILL 2202.AS PASSED BY THE HOUSE H.91 Page 18 of 39 § 2202.

VT§ 2203. LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 5 of 26 § 2203.

BILL AS PASSED BY THE HOUSE H.91 Page 19 of 39 (6) “Homeless” means lacking a fixed, regular, and adequate nighttime residence.

VT§ 2204. LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 6 of 26 § 2204.

BILL AS PASSED BY THE HOUSE H.91 Page 20 of 39 (1) supportive services pursuant to section 2205 of this chapter to assist households experiencing homelessness or those households that are at-risk of homelessness pursuant to section 2205 of this chapter:

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 7 of 26 (c) The Vermont Homeless Emergency Assistance and Responsive Transition to Housing Program shall include supportive services and shelters specific to households that are experiencing or that have experienced domestic and sexual violence, which shall be provided or caused to be provided by a statewide organization with population-specific service experience pursuant to section 2208 of this section.

BILL AS PASSED BY THE HOUSE H.91 Page 21 of 39 (3) individualized household plans to address identified needs;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 8 of 26 (9) advocacy;

§§ 2206. 2206.

§§ 2207. 2207.

EMERGENCY SHELTERS BILL AS PASSED BY THE HOUSE H.91 Page 22 of 39 (a) Temporary shelter.

A community action agency may provide or cause to be provided temporary shelter through community- based shelters, temporary use of hotels or motels, lease agreements for full or partial use of an existing building, need-specific shelter arrangements, or other VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 9 of 26 arrangements or combinations of arrangements that comply with the intent of this chapter.

§§ 2208. 2208.

SUPPORTIVE AND SHELTER SERVICES FOR HOUSEHOLDS IMPACTED BY DOMESTIC AND SEXUAL VIOLENCE As part of the Vermont Homeless Emergency Assistance and Responsive Transition to Housing Program, the Department shall enter into an agreement with a statewide organization with population-specific experience serving BILL AS PASSED BY THE HOUSE H.91 Page 23 of 39 households that are experiencing or that have experienced domestic and sexual violence.

§§ 2209. 2209.

DUTIES OF COMMUNITY ACTION AGENCIES (a) The community action agencies shall serve or cause to be served households that are experiencing homelessness or that are at risk of homelessness in the State by providing supportive services, extreme weather VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 10 of 26 event shelter, or emergency shelter pursuant to sections 2204–2207 of this chapter.

(3) have community connections with other providers in the region, including local housing coalitions, housing providers, providers of coordinated BILL AS PASSED BY THE HOUSE H.91 Page 24 of 39 entry, and providers of services to individuals who are older Vermonters, individuals who have disabilities, substance use disorder, or a mental health condition;

VT§ 2210. LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 11 of 26 § 2210.

BILL AS PASSED BY THE HOUSE H.91 Page 25 of 39 (3)(A) consult with the community action agencies and the statewide organization serving households that are experiencing or that have experienced domestic and sexual violence pursuant to section 2208 of this chapter, to develop appropriate resource allocations and methods for adjustment that take into account available data, the presence of community-basedcommunity- based providers, and customary resource allocation methods, economic indicators, rate of homelessness, rental vacancy rates, and other variables, as appropriate;

and VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 12 of 26 (B) annually, distribute funding to each community action agency and the statewide organization serving households that are experiencing or that have experienced domestic and sexual violence pursuant to section 2208 of this chapter using the allocation formula developed pursuant to subdivision (A) of this subdivision (3), or if the Department and community action agencies agree, disperse a joint allocation for all community action agencies, which the community action agencies shall determine how to distribute amongst themselves;

(4) consult with the community action agencies and the statewide organization serving households that are experiencing or that have experienced domestic and sexual violence pursuant to section 2208 of this chapter to develop appropriate measures and methods for accountability of the community action agencies’ and the statewide organization’s execution of BILL AS PASSED BY THE HOUSE H.91 Page 26 of 39 duties under this chapter, including the provision of any previously agreed upon information to enable the Department to evaluate the services provided through grant funds, the effect on households receiving services, and an accounting of expended grant funds;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 13 of 26 (6) identify specific administrative resources that could be transitioned to community operations;

§§ 2211. 2211.

chapter 59 and the federally required planning and needs assessments for the continuums of care, BILL AS PASSED BY THE HOUSE H.91 Page 27 of 39 the community action agencies shall develop a regional needs assessment and planning process, in collaboration with community and State partners, for use in each community action agency’s region to inform future plans addressing housing and homelessness in each region of the State.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 14 of 26 (3) identifying resources developed and utilized in the region to address homelessness;

§BILL 2212.AS PASSED BY THE HOUSE H.91 Page 28 of 39 § 2212.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 15 of 26 (b) Annually, the Department shall propose hotel and motel rates as part of its budget presentation for approval by the General Assembly.

VERMONT HOMELESS EMERGENCY ASSISTANCE AND RESPONSIVE TRANSITION TO HOUSING PROGRAM BILL AS PASSED BY THE HOUSE H.91 Page 29 of 39 IMPLEMENTATION ADVISORY COMMITTEE (a) Creation.

chapter 22 regarding the design, implementation, and transition to the Vermont Homeless Emergency Assistance and Responsive VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 16 of 26 Transition to Housing Program established in 33 V.S.A.

BILL AS PASSED BY THE HOUSE H.91 Page 30 of 39 (3) one representative, appointed by the Chittenden County Homeless Alliance;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 17 of 26 (6) the Deputy Commissioner of the Department for Children and Families’ Economic Services Division or designee;

(4) The Advisory Committee may divide into subcommittees to carry out its duties under this section and subcommittees may include individuals not BILL AS PASSED BY THE HOUSE H.91 Page 31 of 39 appointed to the Advisory Committee pursuant to subsection (b) of this section, including representatives of individuals who are older Vermonters, individuals who have disabilities, substance use disorder, or a mental health condition;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 18 of 26 (e) Compensation and reimbursement.

Members of the Advisory Committee shall be entitled to per diem compensation and reimbursement of expenses as permitted under 3232 V.S.A. V.S.A.

§§ 1010 1010 for not more than 12 meetings annually.

4 of this act, shall submit a plan to the House Committee on Human Services and to the Senate Committee on Health and Welfare for the implementation of the Vermont Homeless Emergency Assistance and Responsive Transition to BILL AS PASSED BY THE HOUSE H.91 Page 32 of 39 Housing Program established by 33 V.S.A.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 19 of 26 (2) additional State and federal funding and other resources identified for the Program;

(7) whether continuation in emergency shelter should include an expectation regarding household participation in case management services or other expectations such as night limits on the use of hotels and motels, and if BILL AS PASSED BY THE HOUSE H.91 Page 33 of 39 so, what elements and in what circumstances participation in case management services or other expectations should be applied;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 20 of 26 (10) how to best ensure that there is equitable access to shelter and supportive services for households experiencing homelessness;

It is the policy of this BILL AS PASSED BY THE HOUSE H.91 Page 34 of 39 the State to help develop the full potential of each of its citizens so they can contribute to the fullest extent possible to the life of our communities and the State as a whole.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 21 of 26 (1) the strengthening of community capabilities for planning, coordinating, and managing federal, State, and other sources of assistance related to the problem of poverty;

(b) The Director may provide financial assistance to community services action agencies for the planning, conduct, administration, and evaluation of community service action programs to provide a range of services and BILL AS PASSED BY THE HOUSE H.91 Page 35 of 39 activities having a measurable and potentially major impact on causes of poverty in the community or in areas of the community where poverty is a particularly acute problem.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 22 of 26 (1) to secure and retain meaningful employment;

BILL AS PASSED BY THE HOUSE H.91 Page 36 of 39 (9) to make more frequent and effective use of other programs related to the purposes of this chapter;

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 23 of 26 (c) The Director is authorized to adopt rules pursuant to chapter 25 of this title appropriate to the carrying out of this chapter and the purposes thereof.

The plan shall include a schedule for the anticipated provision of new or additional services and shall BILL AS PASSED BY THE HOUSE H.91 Page 37 of 39 specify the resources which that are needed by and available to the agency to implement the plan.

§§ 2211. 2211.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 24 of 26 § 3905.

BILL AS PASSED BY THE HOUSE H.91 Page 38 of 39 (c) Each member of the a board selected to represent a specific geographic area within a community shall reside in the area he or she the member represents.

No person selected under subdivisions (2) or (3) of subsection (b) as a member of a board shall serve on such board for more than five VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 25 of 26 consecutive years, or more than a total of 10 years Each board shall adopt term limits to govern its members.

LEGISLATIVE INTENT It is the intent of the General Assembly that in fiscal year 2027 and thereafter, equivalent funds and resources, base and one-time, used in fiscal BILL AS PASSED BY THE HOUSE H.91 Page 39 of 39 year 2025 for General Assistance emergency housing and the Housing Opportunity Grant Program be redesignated for the Vermont Homeless Emergency Assistance and Responsive Transition to Housing Program pursuant to 33 V.S.A.

VT LEG #382368 v.1 AS PASSED BY HOUSE H.91 Page 26 of 26 * * * Effective Dates * * * Sec.

VT LEG #382368 v.1